ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  19 June 2019

	DOCKET NUMBER:  AR20170010867


APPLICANT REQUESTS:  an upgrade of her uncharacterized discharge to honorable.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214 (Certificate of Release or Discharge From Active Duty)

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states she served honorably as a reservist on active duty and graduated without any problems or disciplinary problems.  She does not understand the uncharacterized discharge characterization from her active duty service.  She is asking for upgrade to qualify for any and all Veterans Affairs benefits.

3.  The applicant provided her DD Form 214 that shows she was released from active duty on 4 November 1988.

4.  The applicant military personnel record is void and unavailable for the Board to review supporting documentation except the DD Form 214.

5.  Her DD Form 214 of record shows:

	a.  She enlisted in the U.S. Army Reserve (USAR) on or about 24 December 1987.  

	b. She entered active duty for training (ADT) on 21 August 1988.  She completed required training for award of military occupational specialty 76X (Subsistence Supply Specialist).

	c.  She was released from ADT on 4 November 1988 to the control of the USAR, due to expiration of active service.  Her DD Form 214 shows: 

* she was released under the provisions of chapter 4, Paragraph 4-2, Army Regulation (AR) 635-200 (Personnel Separation – Enlisted Personnel)
* her service was uncharacterized
* she completed 4 months and 14 days of active service

6.  By regulation (AR 635-200), a Soldier will be separated upon expiration of enlistment or fulfillment of service obligation.  The Secretary of the Army, on a case-by-case basis, determines that characterization of service as honorable is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty.  This characterization is authorized when the Soldier is separated by reason of selected changes in service obligation, convenience of the government and Secretarial plenary authority:

* a Soldier being separated upon expiration of enlistment or fulfillment of service obligation will be awarded a character of service of honorable, unless the Soldier is in entry level status and service is uncharacterized
* for Army National Guard (ARNG) and USAR Soldiers who successfully complete a period of ADT to which ordered, the service of Soldiers specified in this paragraph who are in entry level status will be uncharacterized, even though they have completed their ADT successfully

7.  In reaching its determination, the Board can consider the applicant's petition and his service record in accordance with the published equity, injustice, or clemency determination guidance.  

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the relief was warranted.  The applicant completed IET and was awarded an MOS.  The Board agreed to characterize her service as honorable.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

X	X	X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by reissuing the applicant a DD Form 214 showing his characterization of service as Honorable.
	 
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.


REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation 635-200 (Personnel Separation – Enlisted Personnel) in effect at the time sets forth the basic authority for the separation of enlisted personnel. 

	a.  Paragraph 3-7a (Honorable Discharge) states an honorable discharge is a separation with honor.  The honorable characterization is appropriate when the quality of the member’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate.  

	b.  Paragraph 3-9, states for entry level status separation.  A separation will be described as an entry level separation with service uncharacterized if processing is initiated while a Soldier is in entry level status, except in the following circumstances:

* when characterization Under Other Than Honorable Conditions is authorized under the reason for separation and is warranted by the circumstances of the Case
* the Secretary of the Army, on a case-by-case basis, determines that characterization of service as honorable is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty.  This characterization is authorized when the Soldier is separated by reason of selected changes in service obligation, convenience of the government and Secretarial plenary authority

	c.  Paragraph 4-2h. states that for Army NG and USAR Soldiers who successfully complete a period of IADT to which ordered, the service of Soldiers specified in this paragraph who are in entry level status will be uncharacterized, even though they have completed their IADT successfully (see para 3-9).  When the Soldier is eligible for leave, early release may be authorized in lieu of leave for cogent reasons such as death or serious illness of a member of the trainee's immediate family.  To warrant early release the reservist must have completed at least 12 weeks IADT, and the training benefits that would result from return to the training center upon completion of leave are not substantial enough to justify return to duty in lieu of early discharge from IADT.  

4.  On 25 July 2018, the Under Secretary of Defense for Personnel and Readiness issued guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records (BCM/NRs) regarding equity, injustice, or clemency determinations.  Clemency generally refers to relief specifically granted from a criminal sentence.  BCM/NRs may grant clemency regardless of the type of court-martial.  However, the guidance applies to more than clemency from a sentencing in a court-martial; it also applies to other corrections, including changes in a discharge, which may be warranted based on equity or relief from injustice.  This guidance does not mandate relief, but rather provides standards and principles to guide Boards in application of their equitable relief authority.  In determining whether to grant relief based on equity, injustice, or clemency grounds, BCM/NRs shall consider the prospect for rehabilitation, external evidence, sworn testimony, policy changes, relative severity of misconduct, mental and behavioral health conditions, official governmental acknowledgement that a relevant error or injustice was committed, and uniformity of punishment.  Changes to the narrative reason for discharge and/or an upgraded character of service granted solely on equity, injustice, or clemency grounds normally should not result in separation pay, retroactive promotions, and payment of past medical expenses or similar benefits that might have been received if the original discharge had been for the revised reason or had the upgraded service characterization.

ABCMR Record of Proceedings (cont)	 AR20170010867


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